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IPR Enforcement: Audio Equipment, Electronics, Wafers, Self-Balancing Vehicles

Friday, October 21, 2016
Sandler, Travis & Rosenberg Trade Report

Audio Processing Equipment. The International Trade Commission has instituted investigation 337-TA-1026 to determine whether imports of audio processing hardware, software, and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are methods and systems related to the field of audio processing, with a particular focus on processing audio signals to remove noise and interference.

Complainant Andrea Electronics Corp. requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Korea and the U.S.

Silicon-on-Insulator Wafers. The ITC has instituted investigation 337-TA-1025 to determine whether imports of silicon-on-insulator wafers are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are layered silicon and insulator wafers used in the manufacture of semiconductors such as radio frequency chips.

Complainant Silicon Genesis Corporation requests that after this investigation the ITC issue a limited exclusion order, which would direct CBP to prohibit the entry of infringing products into the U.S., and a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in France.

Self-Balancing Vehicles. The ITC has terminated investigation 337-TA-1000 of motorized self-balancing vehicles with respect to one patent claim asserted by complainants Razor USA LLC, Inventist Inc., and Shane Chen.

Computing or Graphics Systems. The ITC has terminated patent infringement investigation 337-TA-984 of computing or graphics systems, components thereof, and vehicles containing same with respect to several respondents based on a settlement agreement with complainant Advanced Silicon Technologies LLC.

Mobile Electronic Devices. The ITC is requesting comments no later than Oct. 31 on any public interest issues raised by a complaint filed on behalf of Qualcomm Incorporated alleging that the importation, sale for importation, and sale within the U.S. after importation of mobile electronic devices are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and/or cease and desist orders requested by the complainant would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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